Bill Text: TX HB3554 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the admissibility of expert testimony regarding forensic analyses of physical evidence in a criminal case and to the regulation of certain expert witnesses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB3554 Detail]
Download: Texas-2019-HB3554-Comm_Sub.html
| 86R23080 AJZ-F | |||
| By: Farrar | H.B. No. 3554 | ||
| Substitute the following for H.B. No. 3554: | |||
| By: González of Dallas | C.S.H.B. No. 3554 | ||
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| relating to the admissibility of expert testimony regarding | ||
| forensic analyses of physical evidence in a criminal case and to the | ||
| regulation of certain expert witnesses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 4(a), Article 38.01, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (a) The commission shall: | ||
| (1) develop and implement a reporting system through | ||
| which a crime laboratory may report professional negligence or | ||
| professional misconduct; | ||
| (2) require a crime laboratory that conducts forensic | ||
| analyses to report professional negligence or professional | ||
| misconduct to the commission; [ |
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| (3) investigate, in a timely manner, any allegation of | ||
| professional negligence or professional misconduct that would | ||
| substantially affect the integrity of the results of a forensic | ||
| analysis conducted by a crime laboratory; and | ||
| (4) investigate professional negligence or | ||
| professional misconduct by an expert witness relating to a forensic | ||
| analysis conducted by a crime laboratory. | ||
| SECTION 2. Article 38.35(d)(1), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (1) Except as provided by Subsection (e), a forensic | ||
| analysis of physical evidence under this article is [ |
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| criminal action if, at the time of the analysis, the crime | ||
| laboratory conducting the analysis was not accredited by the | ||
| commission under Article 38.01. | ||
| SECTION 3. Articles 38.35(e) and (f), Code of Criminal | ||
| Procedure, are amended to read as follows: | ||
| (e) A forensic analysis of physical evidence under this | ||
| article is [ |
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| inadmissible in a criminal action based solely on the accreditation | ||
| status of the crime laboratory conducting the analysis if the | ||
| laboratory: | ||
| (A) except for making proper application, was | ||
| eligible for accreditation by the commission at the time of the | ||
| examination or test; and | ||
| (B) obtains accreditation from the commission | ||
| before the time of testimony about the examination or test. | ||
| (f) This article does not apply to expert testimony under | ||
| Rule 702, 703, or 704, Texas Rules of Evidence, regarding the | ||
| forensic analysis of physical evidence performed by an accredited | ||
| crime laboratory or the portion of an autopsy conducted by a medical | ||
| examiner or other forensic pathologist who is a licensed physician. | ||
| This article does not limit the commission's duty to investigate | ||
| professional negligence or professional misconduct by an expert | ||
| witness relating to a forensic analysis conducted by an accredited | ||
| crime laboratory, including negligence or misconduct affecting the | ||
| testimony of the witness. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
